https://www.taxtmi.com/caselaws?id=288970 A usufructuary mortgage of zamindari property was treated by the majority as a transfer of the incidents of ownership, including exclusive possession and enjoyment of usufruct, and therefore as a parting with proprietary rights under Section 7 of the Rent Act, Act XII of 1881. On that reasoning, the mortgagor could fall within the statutory category of an ex-proprietary tenant and claim occupancy rights in sir-land. The dissent viewed the mortgage as only a limited security transaction that did not amount to a complete or permanent alienation of ownership, and considered the statutory phrase "lose or part with" to require a fuller divestiture of proprietary rights. en-us Sat, 07 Mar 1885 00:00:00 +0521 Wed, 08 Jul 2020 12:07:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288970 A usufructuary mortgage of zamindari property was treated by the majority as a transfer of the incidents of ownership, including exclusive possession and enjoyment of usufruct, and therefore as a parting with proprietary rights under Section 7 of the Rent Act, Act XII of 1881. On that reasoning, the mortgagor could fall within the statutory category of an ex-proprietary tenant and claim occupancy rights in sir-land. The dissent viewed the mortgage as only a limited security transaction that did not amount to a complete or permanent alienation of ownership, and considered the statutory phrase "lose or part with" to require a fuller divestiture of proprietary rights. Case-Laws Indian Laws Sat, 07 Mar 1885 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=288970